Joint Circular No. 09/2015/TTLT-BCA-BYT-BTC guiding the implementation of health insurance for workers, students, and dependents of officers, non-commissioned officers, and soldiers in the People's Public Security.

JOINT CIRCULAR

Guidelines for implementing health insurance for workers, students,

students and relatives of officers, non-commissioned officers, and soldiers within Cpublic security forces,For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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WHEREAS Decree No. 106/2014/NĐ-CP dated November 17, 2014 stipulates the functions, tasks, powers, and organizational structure of the Ministry of Public Security;toWHEREAS Decree No. 63/2012/NĐ-CP dated August 31, 2012 stipulates the functions,

tasks, and powers of the Ministry of Health; c) SUBMIT TO THE MINISTER OF EDUCATION AND TRAINING FOR APPROVAL OF THE NATIONAL UNIVERSITY COUNCIL AS PROVIDED BY THE PARTY AND RELEVANT LAWS;of the Ministry of Health;periodMinister of National Defense organization WHEREAS Decree No. 215/2013/NĐ-CP dated December 23, 2013 stipulates the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to DecreeNo. WHEREAS Decree No. 105/2014/NĐ-CP dated November 15, 2014 provides detailed regulations and guidance on implementing certain provisions of the Law on Health Insurance;

The Ministers of Public Security, Health, and Finance hereby issue this Joint Circular to guide the implementation of health insurance for workers, students, and relatives of officers, non-commissioned officers, and soldiers within the public security forces.

This Circular guides the subjects, contribution levels, responsibility for contributions, methods of contribution, issuance, and management of health insurance cards for workers, students, and relatives of officers, non-commissioned officers, and soldiers within the public security forces.nga) Workers under contract, police workers, citizens temporarily recruited before officially being selected into the public security forces (hereinafter referred to as temporarily recruited citizens);

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

b) Relatives of officers, non-commissioned officers, and soldiers, and students at public security cultural schools;

Article 2. Applicability

1. This Circular applies to:

c) Students at public security cultural schools;

d) Civilian system students; foreign students currently studying at public security schools and receiving scholarships from the state budget (hereinafter referred to as foreign students);

e) Various General Departments, Commands, units directly under the Ministry, public security schools, provincial and centrally-administered city public security, firefighting and rescue departments, enterprises, and public service units under the Ministry of Public Security (hereinafter referred to as public security units and localities);

f) Social Insurance agencies;

g) Organizations and individuals related to the implementation of health insurance for workers under contract, police workers, temporarily recruited citizens, students, and relatives of officers, non-commissioned officers, and soldiers, and students at public security schools.

a) Subjects specified in Clause 1 and Clause 2, Article 3 of this Circular who are currently studying, working, or living abroad;

b) Subjects specified in Clause 3, Article 3 of this Circular who have participated in health insurance as stipulated in Clause 3 and point a, Clause 4, Article 1 of the Joint Circular No. 41/2014/TTLT-BYT-BTC dated November 24, 2014 issued by the Ministry of Health and the Ministry of Finance guiding the implementation of health insurance (hereinafter referred to as Joint Circular No. 41/2014/TTLT-BYT-BTC);

2. This Circular does not apply to:

c) Relatives of officers and soldiers who have participated in health insurance according to the provisions of Clauses 1, 2, and points a, b, c, d, e, f, g, h, i, k, and m, Clause 3, and point a, Clause 4 (with 100% of their health insurance contributions supported by the state) of Joint Circular No. 41/2014/TTLT-BYT-BTC.

SUBJECTS, CONTRIBUTION LEVELS, RESPONSIBILITY FOR CONTRIBUTIONS

1. Subjects whose health insurance contributions are made by workers and public security units and localities

Chapter II

a) Citizens temporarily recruited before officially being selected into the public security forces; AND METHODS OF CONTRIBUTING TO HEALTH INSURANCE

Article 3. Subjects participating in health insurance

b) Police workers;

c) Workers employed under indefinite-term contracts or fixed-term contracts of three months or more.

2. Subjects whose health insurance contributions are made by the state budget

a) Relatives of officers and non-commissioned officers currently working, non-commissioned officers and conscript soldiers currently studying at public security schools both inside and outside the public security system and receiving living expenses from the state budget (hereinafter referred to as relatives of officers and soldiers), including:

- Biological father, biological mother, father-in-law, mother-in-law, legal guardian of the officer or soldier, or the spouse's legal guardian;

- Spouse of the officer or soldier;

- Biological child, legally adopted child of the officer or soldier under 18 years old, or biological child, legally adopted child of the officer or soldier aged 18 or older but disabled and unable to work according to the law;

- Other family members that the officer or soldier has the legal responsibility to support according to the law on marriage and family who are under 18 years old or aged 18 or older but disabled and unable to work according to the law.

b) Students at public security cultural schools;

c) Foreign students currently studying at public security schools and receiving scholarships from the state budget.

3. Subjects whose health insurance contributions are supported by the state budget are civilian system students currently studying at public security schools.

1. For subjects specified in Clause 1, Article 3 of this Circular, the contribution level and responsibility for contributions to health insurance shall be implemented as follows:

a) Monthly contribution rate is 4.5% of the monthly salary according to rank and grade and allowances for position and seniority beyond the ceiling (for workers under the state-defined salary system) or 4.5% of the monthly salary recorded in the labor contract (for workers receiving wages and remuneration according to the employer's regulations); of which, public security units and localities contribute two-thirds, and workers contribute one-third;

Article 4. Contribution levels and responsibility for health insurance contributions

For workers receiving salaries from the state budget, the amount of health insurance contributions borne by public security units and localities and deducted from the state budget.

For enterprises and public service units with income, the amount of health insurance contributions is accounted for according to the law on accounting.

b) During the period when workers are on maternity leave according to the law on social insurance, the monthly contribution rate is 4.5% of the worker's monthly salary before taking maternity leave, and is paid by the Social Insurance organization;

c) During the period when workers are on sick leave for 14 days or more in a month according to the law on social insurance, they do not need to pay health insurance contributions but still enjoy health insurance benefits.

b) During the period when the employee takes leave to enjoy maternity benefits as prescribed by laws on social insurance, the monthly contribution rate shall be 4.5% of the employee's monthly salary before taking maternity leave, and such contributions shall be made by the Social Insurance Organization;

c) During the period when the employee takes leave to enjoy sickness allowances for fourteen days or more in a month as prescribed by laws on social insurance, they are not required to contribute to health insurance but still enjoy health insurance benefits.

d) During the period when the worker is detained, held in custody, or temporarily suspended from work for investigation to conclude whether there has been a violation of the law or not, the monthly contribution rate shall be 4.5% of 50% of the worker's legally prescribed salary. In cases where the competent authority concludes that there has been no violation of the law, the worker must make up the health insurance contributions based on the salary they have received.

2. The subjects specified in Clause 2, Article 3 of this Circular shall contribute at a monthly rate of 4.5% of the minimum wage level, which shall be covered by the state budget. The amount of the state budget contribution shall be determined according to the health insurance contribution rate and the minimum wage level corresponding to the duration of use recorded on the health insurance card. When the state adjusts the health insurance contribution rate or the minimum wage level, the amount of the state budget contribution shall be adjusted from the date of application of the new health insurance contribution rate or minimum wage level.

3. The subjects specified in Clause 3, Article 3 of this Circular shall contribute at a monthly rate of 4.5% of the minimum wage level; of which, the state budget shall support the contribution of at least 30% of the health insurance contribution, with the remainder to be paid by the students themselves.

Article 5. Methods of Health Insurance Contributionpolicies

1. For the subjects specified in Clause 1, Article 3 of this Circular, each month, the Public Security unit or locality shall pay health insurance for workers and deduct the health insurance contribution from the workers' salaries to submit simultaneously, no later than the last day of the month, to the Social Insurance Office for issuance of the health insurance card.

2. For the subjects specified in point b, Clause 1, Article 4 of this Circular, the Public Security unit or locality shall request the Social Insurance Office of the province or centrally governed city (hereinafter referred to as the Social Insurance Office of the province) to report to the Vietnam Social Insurance for allocation of funds to cover health insurance contributions.

3. For the subjects specified in Clause 2, Article 3 of this Circular, at the beginning of each year's first quarter, the Public Security unit or locality shall transfer at least 85% of the health insurance contribution funds to the Social Insurance Office of the province for issuance of the health insurance card. By no later than December 31 of each year, the payment and transfer of the health insurance contribution funds for that year must be completed.

4. For the subjects specified in Clause 3, Article 3 of this Circular, the implementation of health insurance contributions shall be carried out according to the following regulations:

a) Police colleges shall be responsible for collecting health insurance contributions due from students every six months or annually and submitting them to the Social Insurance Office of the province. The amount of the health insurance contribution shall be determined according to the health insurance contribution rate and the minimum wage level at the time of health insurance contribution. When the state adjusts the health insurance contribution rate or the minimum wage level, the participants and the state budget shall not need to make up the difference caused by the adjustment of the health insurance contribution rate or minimum wage level for the remaining period during which the participant has already made health insurance contributions;

b) Every six months, the Social Insurance Office of the province shall compile the number of issued health insurance cards, the amount collected from the participants, and the state support amount and send them to the Vietnam Social Insurance for consolidation and submission to the Ministry of Finance for allocation into the Health Insurance Fund.

Chapter III

ISSUE AND MANAGEMENT OF HEALTH INSURANCE CARDS

Article 6. Issuance, Format, Code Number, Value, and Duration of Use of Health Insurance Cards

1. The Social Insurance Office of the province where the Public Security unit or locality is stationed shall issue health insurance cards for the subjects specified in Article 3 of this Circular.

2. The format of the health insurance card and the code number recorded on the health insurance card shall be implemented according to the provisions of the Vietnam Social Insurance.

3. The effective date of the health insurance card shall be implemented according to the provisions of Clause 3, Article 16 of the Law Amending and Supplementing Certain Provisions of the Health Insurance Law and the provisions of point c, Clause 1, Article 5 of Joint Circular No. 41/2014/TTLT-BYT-BTC.

4. The duration of use recorded on the health insurance card shall be implemented according to the provisions of point c, Clause 1, Article 5 of Joint Circular No. 41/2014/TTLT-BYT-BTC.

Article 7. Procedure for Issuing Health Insurance Cards

1. Application for Health Insurance Card

Officers, non-commissioned officers, conscript soldiers, police academy students representing family members, workers, police workers, temporarily recruited citizens, students from police cultural schools, foreign students, and civilian system students at police academies are responsible for filling out health insurance card application forms (Form 01-BK, Form 02-BK) to submit to their directly managing units.

Each family member of an officer or soldier shall only be issued one health insurance card. In cases where a family member is associated with multiple officers, soldiers (or active-duty military personnel, or civil servants receiving salaries equivalent to those of military personnel, or cadets receiving living expenses from the state budget), the declaration shall be made as follows:

a) The family member who lives with an officer or soldier shall be declared by that officer or soldier; if they do not live together or live with multiple officers or soldiers, the declaration responsibility shall follow this order: son, daughter, daughter-in-law, son-in-law, legally adopted child (if in the same generation, the eldest child shall declare);

b) If a family member has both parents as officers or soldiers, or one parent as an officer or soldier and the other as an active-duty military personnel or civil servant receiving salaries equivalent to those of military personnel, the mother shall be responsible for declaring;

c) In cases where the declaration does not follow the above order, the officer or soldier with favorable conditions shall declare but must report the reasons clearly and bear responsibility for the content of the declaration.

2. Documents for Requesting Health Insurance Card

After receiving the health insurance card application form transferred by the directly managing unit, the organizational cadre agency of the local police unit shall establish a list of participants in health insurance (Form 01-DS). For subjects specified in Clause 1, Article 3 of this Circular currently paying social insurance within the police force, the list must have confirmation from the Police Social Insurance Agency (Form 02-DS). The organizational cadre agency of the local police unit is responsible for preparing the request for the provincial social insurance agency to issue a health insurance card, which includes:

a) Health insurance card application form;

b) List of health insurance participants;

c) Request letter for issuing a health insurance card from the local police unit.

3. Within ten working days from the date of receipt of the request for issuance of a health insurance card from the local police unit, the provincial social insurance agency shall be responsible for issuing the health insurance card and transferring it back to the local police unit.

Article 8. Reissuing and Exchanging Health Insurance Cards

1. Cases of reissuing and exchanging health insurance cards shall be carried out according to the provisions of Article 18 of the Law Amending and Supplementing Certain Provisions of the Health Insurance Law and Article 19 of the Health Insurance Law.

2. Documents for Reissuing and Exchanging Health Insurance Cards

a) Application for reissuing and exchanging health insurance cards of citizens temporarily recruited before being officially selected into the police force, police workers, workers, students (Form 01-ĐN), or of officers, non-commissioned officers, conscript soldiers, police academy students representing family members (Form 02-ĐN) with confirmation from the head of the directly managing unit;

b) Old health insurance card (for exchange cases);

c) Request letter for reissuing and exchanging health insurance cards accompanied by a list requesting reissuance and exchange of health insurance cards from the local police unit.

3. The procedure for reissuing and exchanging health insurance cards shall be carried out according to the provisions of Article 7 of this Circular.

Within seven working days from the date of receipt of all documents stipulated in Clause 2 of this Article, the provincial social insurance agency shall reissue and exchange health insurance cards and transfer them back to the local police unit. During the waiting period for reissuance and exchange, the insured person still enjoys health insurance benefits.

4. Fees for Reissuing and Exchanging Health Insurance Cards

a) The fee level for reissuing and exchanging cards and the management and use of such fees shall be implemented according to the regulations of the Ministry of Finance;

b) The organizational cadre agency of the local police unit shall organize the collection of fees for reissuing and exchanging health insurance cards to transfer to the social insurance agency to carry out the reissuing and exchanging of health insurance cards.

Article 9. Revocation and Temporary Seizure of Health Insurance Cards

1. Revocation of health insurance cards in the following cases:

a) When the person named on the card no longer participates in health insurance (except in cases of sacrifice or death);

b) Revocation of health insurance cards for relatives of police officers when they cease to serve in the People's Public Security Force (retirement, transfer to another profession, discharge from military service, demotion of title of People's Public Security Officer, dismissal, expulsion from school), the revocation date being calculated from the effective date of the decision by the competent authority;

c) Fraud in issuing health insurance cards;

d) Issuing duplicate health insurance cards to ineligible individuals.

2. Health insurance cards shall be temporarily seized in cases where the subjects specified in Article 3 of this Circular lend their cards to others for medical examination and treatment.

Chapter IV

IMPLEMENTATION

Article 10. Responsibilities of Agencies and Organizations

1. Vietnam Social Security

a) Directing, guiding, and organizing the implementation of health insurance for the subjects specified in Article 3 of this Circular;

b) Reporting to the Ministry of Finance for funding to pay health insurance premiums for civilian students in public security schools (the portion subsidized by the State). Ensuring funding for health insurance premiums for the subjects specified in Point b Clause 1 Article 4 of this Circular;

c) Directing provincial social security agencies:

- To issue health insurance cards for the subjects specified in Article 3 of this Circular upon request from local public security units;

- Before September 30 each year, providing the Public Security Social Security Agency with a list of healthcare facilities registered for initial medical examination and treatment under health insurance;

- Signing contracts for medical examination and treatment under health insurance with healthcare facilities within and outside the Public Security or local public security units that have healthcare facilities for medical examination and treatment under health insurance, and temporarily advancing funds, settling, and finalizing costs for medical examination and treatment under health insurance according to regulations.

2. Social Insurance of the People's Public Security

a) Taking the lead and coordinating with relevant agencies to study and propose health insurance policies; promoting, disseminating, guiding, and promptly resolving issues arising in the implementation of health insurance;

b) Coordinating with the Health Department, Logistics and Technical Services General Corps, Ministry of Public Security to guide healthcare facilities within the Public Security that meet the conditions for medical examination and treatment under health insurance to sign contracts for medical examination and treatment under health insurance with social security agencies;

c) Announcing a list of healthcare facilities meeting the conditions for medical examination and treatment under health insurance in October each year so that local public security units can guide the subjects specified in Article 3 of this Circular to register initial healthcare facilities for medical examination and treatment under health insurance according to regulations.

3. Health Department, Logistics and Technical Services General Corps, Ministry of Public Security

a) Leading and coordinating with relevant agencies to study and propose initial healthcare registration bases; medicines, medical supplies, and medical services; categorizing and tiering healthcare facilities within the Public Security. Promoting and disseminating health insurance policies; inspecting the implementation of health insurance laws within the Public Security;

b) Leading and coordinating with the Public Security Social Security Agency to report a list of healthcare facilities within the Public Security that meet the conditions for medical examination and treatment under health insurance to the Vietnam Social Security for issuance of healthcare facility codes and directing and guiding provincial social security agencies to sign contracts for medical examination and treatment under health insurance.

4. Financial Department, Ministry of Public Security

Preparing budgets and ensuring timely and full funding from the state budget for health insurance premiums for the subjects specified in Article 3 of this Circular (excluding civilian student subjects); directing financial agencies of local public security units to collect, remit, and settle financial accounts for health insurance according to regulations; inspecting the implementation of financial regulations for health insurance within the Public Security.

5. Local Public Security Units

a) Organizing promotion, dissemination, guidance, and implementation of health insurance for the subjects specified in Article 3 of this Circular;

b) In November each year, settling the annual health insurance premium payment contract and signing a new contract with the social security agency to issue health insurance cards for the next year for the subjects specified in Article 3 of this Circular. At the same time, reporting the results to the Public Security Social Security Agency and the Financial Department of the Ministry of Public Security;

c) In June each year, preparing a budget for implementing health insurance for the next year for the subjects specified in Article 3 of this Circular (along with the budget for social insurance revenue and expenditure) for the following year and reporting it to the Public Security Social Security Agency and the Financial Department, Ministry of Public Security;

d) Cooperating with social security agencies to implement the revocation of health insurance cards as stipulated in Clause 1 Article 9 of this Circular; compiling a list and sending the revoked health insurance cards back to the social security agency that issued them for management and tracking;

đ) Depending on specific characteristics, local public security units may delegate subordinate units to implement contracts for issuing health insurance cards.

6. The Health Department

Leading and coordinating with provincial social security agencies to direct and guide healthcare facilities under health insurance to organize medical examinations, treatments, and referrals for the subjects specified in Article 3 of this Circular.

Article 11. Effectiveness and Transitional Provisions Transfer

1. This Circular shall take effect from February 11, 2016.

2. The Joint Circular No. 11/2012/TTLT-BCA-BYT-BTC dated September 12, 2012 of the Ministry of Public Security, the Ministry of Health, and the Ministry of Finance guiding the implementation of health insurance for relatives of officers, non-commissioned officers, and soldiers working in the People's Public Security shall cease to be effective from the date this Circular takes effect.

3. In cases where the referenced documents in this Circular are replaced or amended, the replacement or amended documents shall be implemented.

4. Transitional Provisions

a) The organization of health examination and treatment under health insurance; payment of health examination and treatment costs under health insurance; management and use of the health insurance fund for the subjects participating in health insurance as stipulated in Article 3 of this Circular shall be carried out according to the provisions of Decree No. 105/2014/NĐ-CP and the Joint Circular No. 41/2014/TTLT-BYT-BTC;

b) From the date this Circular takes effect, the Contract for issuing health insurance cards for the subjects specified in Article 3 of this Circular between the public security units and localities and the Social Insurance Authority shall continue to be implemented until the expiration date stated in the contract;

c) From the date this Circular takes effect, the health insurance cards issued by the Social Insurance Department of the province for the subjects specified in Article 3 of this Circular, which still have validity periods, shall continue to be used for health examination and treatment under health insurance until the expiration date indicated on the card;

d) The provisions regarding contribution levels, contribution obligations, contribution methods, and issuance of health insurance cards shall be implemented from January 1, 2015.

Article 12. Responsibility for Implementation

1. The Director of the Political General Department of the Ministry of Public Security and the General Director of the Vietnam Social Security shall be responsible for guiding, urging, and inspecting the implementation of this Circular.

2. The heads of agencies and units directly under the Ministry of Finance, the Ministry of Health, the Ministry of Public Security, the Directors of Public Security, the Directors of Fire Prevention and Fighting Departments of provinces and centrally-administered cities, and related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if difficulties or obstacles arise, the public security units and localities, organizations, and individuals concerned shall report to the Ministry of Public Security, the Ministry of Health, and the Ministry of Finance for timely guidance.